In Litigation
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Technique In Litigation
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Author : Eric Morris
language : en
Publisher:
Release Date : 1969
Technique In Litigation written by Eric Morris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Trial practice categories.
In Litigation
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Author : Herbert M. Kritzer
language : en
Publisher: Stanford University Press
Release Date : 2003
In Litigation written by Herbert M. Kritzer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
Finality In Litigation
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Author : Jacob B. van de Velden
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15
Finality In Litigation written by Jacob B. van de Velden and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with Law categories.
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Handbook Of Human Factors In Litigation
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Author : Y. Ian Noy
language : en
Publisher: CRC Press
Release Date : 2004-12-28
Handbook Of Human Factors In Litigation written by Y. Ian Noy and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-12-28 with Technology & Engineering categories.
Using ergonomics in forensics can help prevent the recurrence of system failures through engineering or administrative controls. It can also raise the level of concern among professionals and the public regarding product, workplace, and service safety due to perceived exposure to liability. Even with such a potentially important and broad impact, f
Law And Practice Of Commercial Litigation In Singapore
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Author : Kannan Ramesh
language : en
Publisher:
Release Date : 2015
Law And Practice Of Commercial Litigation In Singapore written by Kannan Ramesh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Actions and defenses categories.
Practical Guide To Litigation
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Author : Jonathan Leslie
language : en
Publisher: Taylor & Francis
Release Date : 2020-10-28
Practical Guide To Litigation written by Jonathan Leslie and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
Against the background of Lord Woolf's interim report "Access to Justice", this text includes accounts of tactical matters and practical litigation "tips", as well as descriptions of the procedures involved. Litigation is often conducted by companies who do not have much practical experience of the processes that might be expected of them. The same applies to others who become involved in litigation without actually having to conduct the procudure as lawyers. This book is intended to give a brief, clear and comprehensive overview of litigation, arbitration and ADR in England. Intended as a comprehensive overview of litigation, arbitration and ADR in England, this guide is aimed at clients and firms who are involved in, or assist cases, who would like to understand the process better in a non-technical way but do not want to see every statement supported by authority.
International Co Operation In Litigation Europe
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Author : Hans Smit
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
International Co Operation In Litigation Europe written by Hans Smit and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.
Climate Change Litigation In The Asia Pacific
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Author : Jolene Lin
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Climate Change Litigation In The Asia Pacific written by Jolene Lin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Law categories.
Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.
The Expert In Litigation And Arbitration
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Author : Mark Cato
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-25
The Expert In Litigation And Arbitration written by Mark Cato and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Law categories.
The Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.
In Praise Of Litigation
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Author : Alexandra Lahav
language : en
Publisher: Oxford University Press
Release Date : 2017-01-02
In Praise Of Litigation written by Alexandra Lahav and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-02 with Law categories.
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.